Whether workers’ compensation covers a new injury suffered during treatment for a work injury depends on whether the activity during the treatment causes the condition or aggravated a preexisting condition. For example, if you have a work-related wrist injury and your physical therapy aggravates a preexisting condition, such as a rotator cuff injury, then workers’…

If your doctor says you are able to perform light-duty work, your employer may offer you a light-duty position. If you refuse the offer, you can lose your workers’ compensation temporary disability benefits. The offer may consist of fewer hours than you normally work or a lower amount of pay. For example, if your normal…

Your claim will be investigated by your employer’s workers’ compensation insurance company (or by your employer if they is self-insured). They will determine your benefits. You can file a claim with the Division of Workers’ Compensation if you do not agree with their decision.

It depends. Whether you can recover compensation depends on the nature of the assault. If the assault arose out of a personal dispute between you and the co-worker, then you cannot recover compensation. For example, the co-worker may have carried a grudge against you that arose outside of work. On the other hand, if the…

Maybe. If the injured employee can show an intentional tort or wrongdoing by the employer, the employee can file a tort or personal injury lawsuit against the employer. Normally, the employee is limited to a workers’ compensation claim against the employer. In the workers’ compensation claim, the employee is limited to the amount of lost…

After you have been injured at work you may need to wait for some benefits to begin. Medical benefits should start immediately, so any medical expenses related to the work injury will be paid by your employer or their insurance. Non-medical benefits may take more time. Your claim must be fully accepted and approved before…

Unfortunately, there is nothing to prevent an employer from cancelling your health insurance while you are unable to work due to injury. There are protections provided at the federal level by the Family Medical Leave Act and COBRA, however. These programs mandate a continuation of healthcare coverage for you while you are injured if you…

Part-time and seasonal workers are covered by workers’ compensation if they are injured within the scope of their employment. If the employer pays a worker a wage or salary and deducts taxes, the employee is covered, regardless of whether they have worked a day or a decade. Independent contractors and volunteers are not covered by…

No. An employee cannot recover workers’ compensation for an idiopathic injury, an injury with an unknown cause. An example would be if an employee is walking at work and turns their ankle for no reason. A requirement for a workers’ compensation claim is that the injury arises out of the employment. Just being at work…

Maybe. An employee’s intoxication can bar their recovery of workers’ compensation in New Jersey, but the defense is hard to prove. The employer must show that the injured employee was intoxicated at the time of the injury. This can be done with blood or urine analysis. For an intoxication defense to succeed, more than just…